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Anti-Suit Injunctions in International Arbitration - Hardcover
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Laurent Lévy
I. INTRODUCTION
The topic addressed in this contribution is well illustrated by a recent case:1 two parties enter into a contract, which they wish to keep highly confidential, so they execute a single copy of the agreement that they then entrust to a third party escrow agent. The parties have provided for two different arbitration clauses—one
clause requiring ad hoc arbitration in the event of a dispute arising from their contractual relations, and the other providing for ICC arbitration with the third party escrow agent.
The escrow agreement provides that the escrow agent must deliver the original agreement under certain terms, specifically so as to enable the party so requesting to provide the original agreement to the ad hoc arbitrators should the prima facie existence of an arbitration agreement need to be established.
A dispute arises between the parties. The escrow agent refuses to hand over the original agreement. One of the parties initiates an ad hoc arbitration against both the other party and the escrow agent. Simultaneously, the Claimant initiates arbitration proceedings against the escrow agent before the ICC.
Full Table of Contents From:
"Anti-Suit Injunctions in International Arbitration"
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Introduction
Emmanuel Gaillard
Anti-Suit Injunctions in International Arbitration An Overview
Stephen M. Schwebel
Part I
Anti-Suit Injunctions Issued by National Courts
Anti-Suit Injunctions Issued by National Courts To Permit Arbitration Proceedings
Axel H. Baum
Anti-Suit Injunctions Issued by National Courts To Prevent Arbitration Proceedings
Julian D.M. Lew
Court Actions in Defence Against Anti-Suit Injunctions
Michael E. Schneider
Anti-Suit Injunctions Issued by National Courts At the Seat of the Arbitration or Elsewhere
Matthieu de Boisséson
Anti-Suit Injunctions Issued by National Courts Measures Addressed to the Parties or to the Arbitrators
José Carlos Fernández Rozas
The UNCITRAL Model Law's Take on Anti-Suit Injunctions
Frédéric Bachand
Part II
Anti-Suit Injunctions Issued by Arbitrators
Anti-Suit Injunctions Issued by Arbitrators
Laurent Lévy
Anti-Suit Injunctions in ICSID Arbitration
Konstantinos D. Kerameus
Conclusion
Anti-Suit Injunctions in International Arbitration A Public International Lawyer's Perspective
Christopher J. Greenwood
Anti-Suit Injunctions in International Arbitration What Remedies?
Philippe Fouchard
Annexes
Annex 1
U.S. Court of Appeals for the 5th Circuit, Karaha Bodas Company L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, June 18, 2003
Annex 2
Supreme Court of Pakistan (Appellate Jurisdiction), Société Générale de Surveillance S.A. v. Pakistan, July 3, 2002
Annex 3
ICSID Case No. ARB/01/13, SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan, Procedural Order No. 2, October 16, 2002
Annex 4
ICC Case No. 10623, Award Regarding the Suspension of the Proceedings and Jurisdiction, December 7, 2001
Annex 5
ICC Case No. 8307, Interim Award, May 14, 2001
Annex 6
Court of Justice of the European Communities, Case C-159-02, Turner v. Grovit, April 27, 2004
Annex 7
Court of Appeal (England and Wales), Sabah Shipyard (Pakistan) Ltd. v. Islamic Republic of Pakistan, November 14, 2002
Annex 8
Resolution on The Principles for Determining When the Use of the Doctrine of Forum Non Conveniens and Anti-Suit Injunctions Is Appropriate, adopted by the Institut de Droit International at its 2003 Bruges session, September 2, 2003
Annex 9
About the Author:
Laurent Levy, Partner, Schellenberg Wittmer, Geneva. Former Chairman, Société Genevoise de Droit et de Législation.
